Bass

Quo warranto. In the action plaintiff had judgment, from which defendant appeals on bill of exceptions.

Relator, Leavitt, and defendant, Bass, were candidates for the office of supervisor in the county of Lassen at the general election in 1908, Bass being the incumbent and seeking reelection. The result of that election, as declared by the board of supervisors, was a tie vote. Bass, thereupon, on November 14, 1908, filed a contest of the election in the superior court, and on November 25th, Leavitt did the same, as pro vided by section 1124 of the Code of Civil Procedure, enacted in 1907. At the hearing of these contests the court, on January 2, 1909, found the votes for the respective candidates to be a tie. On January 7, 1909, the board of supervisors, pursuant to section 1067 of the Political Code, ordered that a special election be held, and appointed January 19, 1909, as the day for such election. At the meeting of the board both Bass and Leavitt were present and assented to the holding of said election, and both became and were candidates at said election. Upon a canvass of the votes by the board of supervisors Bass was found to have received the highest number, and a…